Rule-Making Notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
(Reprinted from 6/30/07 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule affecting chs.
ATCP 10 and
12, that increases some current animal health fees, and creates some new fees. Among other things, this rule affects license fees, voluntary herd certification fees, fees for veterinary certification forms, and fees for voluntary certification of animal health professionals. Some of the fee increases (veterinary certification forms, livestock market licenses, etc.) may affect several sectors of the livestock industry, while others are limited to specific livestock sectors.
DATCP will hold three public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule Following the public hearings, the hearing record will remain open until July 31, 2007, for additional written comments. Comments may be sent to the Division of Animal Health at the address below or by email to
hearingcommentsAH@wisconsin.gov.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911. You can also obtain a copy by calling (608) 224-5132 or emailing
linda.merrimanhitchman@wisconsin.gov. Copies will also be available at the hearings. To view the proposed rule online, go to:
https://apps4.dhfs.state.wi.us/admrules/public/Home
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
keeley.moll@wisconsin.gov or by telephone at (608) 224-5039.
Hearing-impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by July 2, 2007, by writing Anna Oehler, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone 608-224-4875. Alternatively, you may contact the DATCP TDD at 608-224-5058. Handicap access is available at the hearings.
Hearing Dates and Locations
Thursday, July 12, 2007
7:00 p.m. to 9:00 p.m.
Fox Valley Technical College
1825 N. Bluemound Drive, Room C140
Appleton, WI 54912
Monday, July 16, 2007
7:00 pm to 9:00 pm
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
First Floor – Room 106 (Boardroom)
Madison, Wisconsin 53718
Tuesday, July 17, 2007
7:00 p.m. to 9:00 p.m.
Dept. of Natural Resources West Central Region Hdqrs.
1300 W. Clairemont Avenue – Room 158
Eau Claire, WI 54701
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (“DATCP") administers Wisconsin's animal health and disease control program. The program is funded, in significant part, by animal health fees. This rule increases animal health fees in order to remedy a serious deficit in the animal health fee revenue account.
Statutory authority: 93.07 (1), 95.55 (3), 95.57 (2), 95.60 (5), 95.68 (4) and (8), 95.69 (4) and (8), 95.71 (5) and (8), and 95.715 (2) (d).
Statutes interpreted: 93.06 (1d), (1g), (1m), (1p), (1q), 95.55, 95.57 (2), 95.60 (5), 95.68 (4) and (8), 95.69 (4) and (8), 95.71 (5) and (8), and 95.715 (2) (d).
DATCP has broad authority, under s.
93.07 (1), Stats., to adopt rules needed to implement laws under its jurisdiction. DATCP also has authority, under the provisions cited above, to charge certain animal health fees and determine the amount of those fees.
Rule Content.
Fee changes. This rule increases some current animal health fees, and creates some new fees. Among other things, this rule affects license fees, voluntary herd certification fees, fees for veterinary certification forms, and fees for voluntary certification of animal health professionals. Some of the fee increases (veterinary certification forms, livestock market licenses, etc.) may affect several sectors of the livestock industry, while others are limited to specific livestock sectors.
Fee For:
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Current Fee:
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Proposed Fee:
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Certificate of Veterinary Inspection (blank form used by private veterinarians)
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$3 per form
(interstate or intrastate)
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$5.60 per form (interstate)
$0.60 per form (intrastate)
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Cattle; Brucellosis-Free Herd Certification (Voluntary certification facilitates animal sale and movement)
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No fee.
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$50 annual certification
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Cattle and Other Bovines; TB-Free Herd Certification (Voluntary certification facilitates sale and movement)
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No fee
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$50 annual certification
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Johne's Disease Veterinarian; Certification (Voluntary 3-year certification)
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No fee.
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$50 per 3-year certification
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Cattle and Other Bovines:
Approved Import Feedlot Permit (Voluntary permit facilitates certain imports)
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$75 annual permit
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$140 annual permit
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Swine; Qualified Pseudorabies Negative Herd, Qualified Pseudo-Rabies Negative Grow-out Herd, or Feeder Swine Pseudorabies Monitored Herd (Voluntary certification facilitates sale and movement)
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No fee
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$50 annual certification
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Swine; Validated Brucellosis-Free Herd Certification (Voluntary certification facilitates swine sale and movement)
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No fee
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$50 annual certification
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Equine Imports; Quarantine Station Permit (station may receive certain horse imports)
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No fee
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$100 annual permit and $100 permit per quarantined animal
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Poultry Tester; Training
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No fee
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$25 training fee.
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National Poultry Improvement Plan; Annual Flock Enrollment
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Annual fee ranges from $40 to $200 based on flock type and size.
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Annual fee ranges from $80 to $400 based on flock type and size.
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Farm-raised Deer; Annual Herd Registration
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Annual fee based on herd size:
$50 if < 15 deer
$100 if > 15 deer
$150 minimum one-time inspection fee for 2nd herd at same site (not required for renewal).
$100 surcharge if found operating without registration
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Annual fee based on herd size:
$162.50 if < 15 deer
$325 if > 15 deer
$200 minimum one-time inspection fee for 2nd herd at same site (not required for renewal).
$250 surcharge if found operating without registration
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Farm-raised Deer;
Hunting Preserve Certificate
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$150 for 10-year certificate
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$500 for 10-year certificate
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Farm-raised Deer; TB-Free Herd Certification (Voluntary certification facilitates deer sales and movement)
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No fee.
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$50 per year of certification
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Farm-raised Deer; Brucellosis-Free Herd
Certification (Voluntary certification facilitates deer sales and movement)
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No fee.
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$50 per year of certification
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Fish Farm (Type 1); Annual Registration
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$25 annual fee covers any number of Type 1 fish farms
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$37.50 annual fee covers one Type 1 fish farm; $50 annual fee covers any number of Type 1 fish farms
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Fish Farm (Type 2); Annual Registration
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$50 annual fee covers any number of Type 2 fish farms
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$125 annual fee covers 1-5 Type 2 fish farms;
$150 annual fee covers 6-10 Type 2 fish farms;
$200 annual fee covers 11-20 Type 2 fish farms;
$300 annual fee covers 20 or more Type 2 fish farms.
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Fish Import Permit (may cover multiple import shipments for up to one year)
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$50
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$90
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Sheep; Brucella-Ovis Free Flock Certification (Voluntary certification facilitates animal sale and movement)
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No fee
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$50 per year of certification
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Goats; Brucellosis-Free Flock Certification (Voluntary certification facilitates animal sale and movement)
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No fee
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$50 per year of certification
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Goats; Tuberculosis Free Flock Certification (Voluntary certification facilitates animal sale and movement)
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No fee
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$50 annual certification
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Animal Market; Annual License
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$225 annual fee for Class A license
$115 annual fee for Class B license
$150 annual fee for Class C license
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$420 annual fee for Class A license
$220 annual fee for Class B license
$280 annual fee for Class C license
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Animal Dealer; Annual License
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$115 annual fee
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$220 annual fee
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Animal Trucker; Annual License
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$30 annual fee
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$60 annual fee
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Animal Transport Vehicle;
Annual Registration Sticker
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$10 annual fee per vehicle
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$20 annual fee per vehicle
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Other Rule Changes. This rule eliminates current fish farm registration fee exemptions for research institutions and government agencies. Those entities will now have to pay the same registration fees as other fish farm operators.
Rule Effective Date. This rule will not take effect until calendar year 2008. There are different annual license cycles for different types of licensed entities, and license fee increases will not be implemented until the first annual license cycle beginning after the rule effective date.
Fiscal Estimate
State fiscal effect. Animal Health program operations are funded by a combination of general state tax dollars (79%), animal health fee revenues (19%) and federal funds (2%). This does not include federal funds that are passed through to program beneficiaries in the form of grants or other assistance.
Recent state budgets have done the following:
• Reduced annual GPR funding (general tax dollars) for animal health by nearly $300,000.
• Lapsed approximately $130,000 in animal health fee revenue (one-time lapse) to the state general fund.
• Assigned more staff to be paid from animal health fee revenues.
Program costs have gone up this year, as DATCP has filled critical animal health positions that had been held vacant. DATCP has only about 37 authorized permanent positions (field and office positions) for its entire animal health and disease control program, so it is important that key positions be filled.
As a result of these combined factors, the positive cash balance in the animal health fee revenue account is declining rapidly. DATCP collects about $300,000 in animal health fees each year, and projects fee revenue expenditures approaching $600,000 each year. DATCP projects a negative cash balance of $131,500 in the animal health fee revenue account beginning in FY 2008. If nothing is done, the negative cash balance will go to $371,400 in FY 2009, $633,300 in FY 2010 and $924,500 in FY 2011. DATCP is proposing a fee increase to remedy this funding deficit and maintain critical disease control programs.
This rule will increase animal health fee revenues by approximately $375,150 per year when it is fully implemented beginning in FY 2008-09. DATCP projects that this fee increase will stabilize animal health program staffing and funding for the foreseeable future, without further fee increases.
Without this fee increase or other funding support, DATCP will need to reduce animal health staffing at a time when bio-security and disease threats have grown. DATCP has only about 37 permanent staff for all of its animal health and disease control programs (does not count temporary, federally-funded positions). Staff reductions will increase risks to Wisconsin's major livestock industries, which rely on effective animal health and disease control programs. Staff reductions will also increase disease risks to humans and wildlife.
Local fiscal effect. This rule will have no fiscal impact on local units of government.
Business impact. This rule affects animal markets, animal dealers, animal truckers, livestock farmers, deer farmers, fish farmers and veterinarians. Many of these businesses are “small businesses" as defined in s.
227.114 (1) (a), Stats.
This rule increases some current animal health fees, and creates some new fees. Some fee increases may affect several sectors of the livestock industry, while others are limited to specific livestock sectors.
This rule will increase overall industry costs by a combined total of approximately $375,150 per year, once the rule is fully implemented. Fee increases for individual businesses are generally modest, and will depend on business size and type. Smaller businesses generally pay lower fees than large businesses. Fees are based, in part, on animal health costs related to each affected industry.
This rule does not change other animal health regulations. This rule requires no additional recordkeeping, and no added professional services to comply. For small businesses, the effective date of this rule is automatically delayed by 2 months, pursuant to s.
227.22(2)(e), Stats. The delayed effective date is not expected to have a significant impact on the timing or amount of fee collections under this rule.
Federal Regulation
DATCP administers animal disease control programs in cooperation with the United States Department of Agriculture, Animal and Plant Health Inspection Service (“the federal bureau").
Federal grants pay for about 2% of Wisconsin's animal health program operations. This does not include federal funds that are passed through to program beneficiaries in the form of grants or other assistance.
The federal bureau has well-established control programs for historically important diseases such as tuberculosis and brucellosis. The federal bureau has less well-developed programs for new or localized diseases, or emerging animal-based industries. In those areas, states often play a leadership role. For example, Wisconsin is a recognized national leader in the regulation of farm-raised deer (chronic wasting disease) and aquaculture.
States have independent authority to regulate animal health and movement, including imports from other states. However, states strive for reasonable consistency, based on standards spelled out in federal regulations. States typically incorporate federal standards where they exist, and play a key role in implementing federal standards.
The federal bureau does not license animal businesses, or regulate state fees. This fee rule does not duplicate or conflict with any federal fees or standards.
Surrounding State Programs
Surrounding state animal health programs are broadly comparable to those in Wisconsin, but differ in a number of ways. State programs reflect differences in animal populations, animal-based industries, and disease threats. Programs for historically important diseases, such as tuberculosis and brucellosis, tend to be fairly similar between states and are based on well-established federal standards. Programs for newer diseases or newer forms of agriculture, such as farm-raised deer and aquaculture, tend to be more variable.
Animal health fees fund about 19% of Wisconsin's animal health program operations. In the surrounding states, by contrast, animal health program operations are funded almost entirely by state general fund appropriations. Some states charge almost no license fees. Other states charge fees but deposit them to the state general fund (so they do not have a direct impact on program appropriations).
Minnesota: The state-funded portion of Minnesota's animal health program is funded 98% by state general fund appropriations and 2% by industry fees. The farm-raised deer (chronic wasting disease control) program is the only program that charges fees. That fee is $10 per farm-raised deer, up to maximum of $100 per herd.
Iowa: The state-funded portion of Iowa's animal health program is funded 100% by state general fund appropriations. Iowa charges nominal industry fees that are deposited to the state general fund. The cost to collect the fees (which are set by statute) exceeds the amount of revenue produced. Fees include the following:
• $50 for an annual animal market license, plus $10 for each market agent.
